so my friend goes online saturday morning to check his balance in his bank account and see's that a random $1,500 was deposited. the deposit slip showed his account number so its really weird. long story short he spent a lot of the money so far and bought like a 900$ tv and such...what do you guys think is the worst or most harsh punishment he could/perhaps will recieve?
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my friend got 1,500$ for free...maybe have question...
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Well, banks have been in business for a very long time, so they are VERY good at record keeping. If the money doesn't belong to him, it belongs to someone else who is going to want it back.
Long story short, he'll have to pay it back and that 15% restocking fee on that TV and whatever else he bought is going to be a real kick in the pants! I don't think he'll necessarily get into any trouble, but he should have been honest from the get go. Tell your friend to grab a dictionary and look up the words "ethics" and "morals".
Long story short, he'll have to pay it back and that 15% restocking fee on that TV and whatever else he bought is going to be a real kick in the pants! I don't think he'll necessarily get into any trouble, but he should have been honest from the get go. Tell your friend to grab a dictionary and look up the words "ethics" and "morals".
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Bottom line: He'll have to pay it back when the error is found. And he won't be given a lot of time to do so. Hope he can afford to give it back! 
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The worst?....A felony charge of Grand Larceny.
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I don't think he would be charged with Grand Larceny since he has to seek the possession and TAKE it from the individual. What happened is the equivalent of somebody bringing a vase into your house with out you knowing who and putting it down the floor and you picked it up put flowers in it and put it on your table... you didn't go out and steel that vase yourself but you found it in a place where you keep your stuff.
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LOL, I'm sorry, but thats just hilarious. He didn't steal it, it was put into his account by mistake! He should have told the bank right away to avoid any hassle.
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Hey he asked for the "worst" possibility. And it really isn't that hilarious, and in fact it could be rather serious. Statutes in some states enlarge the scope of larceny to include embezzlement and false pretenses. In North Dakota, for example, the crime of larceny includes: "stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation of funds, swindling, and the like".
If that were the case where he lives, it wouldn't matter if he took the money purposely or not. The fact remains that received money and subsequently spent said money when he knew it was not his (or at the very least questioned it). That action certainly wouldn't help his case, either.
If it were a bank error and the money wasn't spent, then that would be easy. But, since he spent a good portion of it, he could be in for some serious retribution. This could include not only paying the money back, but fines and possibly further punishment.
These scenarios may sound extreme, but they are not out of the realm of possibility.
Like most people have said, once the bank and goes back and track it down, they will withdraw it from his account... so tell your friend to refund whatever he bought that does not belong to him and put those $ back into his bank before the bank withdraws it.
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it almost sounded like that was the actual civil code until it included "swindling, and the like"
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It is. It was quoted directly from the N.D. Cent. Code § 12.1-23-01 [1995].
He can deny knowing his account balance. Most people don't even check. They just use the debit card to buy stuff until it comes up declined.
He should've reported it to the bank, however, the bank will just pull the funds and get him overdrawn. He won't be charged with a criminal offense. The bank wouldn't want to lose a customer. I worked at a bank and had a few mistakes happen and we just pull the money out. If they can't pay it back, we setup a loan for them at 29.99% (unless they were a good customer, had good credit, and consistent income then it would be something like 4.9%) and if they have direct deposit, we would agree to take a certain % of that. However, if it happened to be a million dollars or whatever, and they spent it and couldn't repay it, they would be charged for stealing money. Even if it wasn't your fault that the bank made the mistake, its your civil duty/responsibility to repay the bank the mistake.
Just remember one thing living in the US. You never win with the government.
He should've reported it to the bank, however, the bank will just pull the funds and get him overdrawn. He won't be charged with a criminal offense. The bank wouldn't want to lose a customer. I worked at a bank and had a few mistakes happen and we just pull the money out. If they can't pay it back, we setup a loan for them at 29.99% (unless they were a good customer, had good credit, and consistent income then it would be something like 4.9%) and if they have direct deposit, we would agree to take a certain % of that. However, if it happened to be a million dollars or whatever, and they spent it and couldn't repay it, they would be charged for stealing money. Even if it wasn't your fault that the bank made the mistake, its your civil duty/responsibility to repay the bank the mistake.
Just remember one thing living in the US. You never win with the government.
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I think D3v1L80Y is not far off on this. The bank will remove the money the same way that it went in, quickly and quietly. Any subsequent bounced checks will be your friend's problem. If someone gets cranky about a bad check there could be problems. There is really no good excuse for taking that money!
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here is a little update. the money was put into the account exactly a week ago. or so it seemed from the online statements. its still there this morning. what if, since i had been reading online about his bank and giving random people and lots of immigrants credit cards and bank accounts, maybe it just will never get found.
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I had an extra $2000 or so put into my account a while ago. I didn't touch it. I didn't let them know, either. But they did find an error somewhere along the way, and took it back quietly without notifying me.
That would be great if they never find their error. If that's the case, tell your friend to change banks! They must not be very good at balancing.
That would be great if they never find their error. If that's the case, tell your friend to change banks! They must not be very good at balancing.
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I agree with Cherokee. Its a shame just to keep that money. You never know. May the $1500 was expected for someone who is in actual NEED of the money. Someone who wasn't gonna take it to buy a $900 TV.
Tell you friend to man up and return the money.
Tell you friend to man up and return the money.
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Ok first of all I agree with Cherokee 100%, and it is against the law what he did, there is no judge in the US that he would stand in front of that wouldent say to him he Knew it wasent his money period.
In some states it could be charged as a Felony even Fraud. I have some advice for your friend, Have them return the TV, re deposit the money into his account and go to a bank rep and explain the error... Don’t have him be like everyone else that is out to just get what they can get and hope they get away with it.... In the long run he will be better off, because honestly there are some banks that don’t play games.
Remember Karma is always watching....
mnh101 btw are you the friend? (Im in no way trying to sound like a jerk, I was just curious... have your friend do the right thing...)
In some states it could be charged as a Felony even Fraud. I have some advice for your friend, Have them return the TV, re deposit the money into his account and go to a bank rep and explain the error... Don’t have him be like everyone else that is out to just get what they can get and hope they get away with it.... In the long run he will be better off, because honestly there are some banks that don’t play games.
Remember Karma is always watching....
mnh101 btw are you the friend? (Im in no way trying to sound like a jerk, I was just curious... have your friend do the right thing...)
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i agree with the second part of this. if they don't find it.. it doesn't seem like a very trustworthy bank..
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